Daily Rules, Proposed Rules, and Notices of the Federal Government
In addition, the state's submittal is available for public inspection during normal business hours, by appointment at the State Air Agency: Air Resources Division, Department of Environmental Services, P.O. Box 95, 29 Hazen Drive, Concord, NH 03302-0095.
Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.
Organization of this document. The following outline is provided to aid in locating information in this preamble.
EPA is approving New Hampshire's Chapter Env-A 1200 “Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT),” specifically PART Env-A 1201 through 1222, submitted by the New Hampshire Department of Environmental Services (NH DES) on July 26, 2011, as meeting RACT for the VOC source categories covered by the Control Technique Guidelines (CTGs) issued by EPA in 2006, 2007, and 2008. EPA is also approving negative declarations for the CTGs for which NH DES determined no applicable sources exist in New Hampshire.
In 1997, EPA revised the health-based National Ambient Air Quality Standard (NAAQS) for ozone, setting it at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA set the 8-hour ozone standard based on scientific evidence demonstrating that ozone causes adverse health effects at lower ozone concentrations and over longer periods of time than was understood when the pre-existing 1-hour ozone standard was set. EPA determined that the 8-hour standard would be more protective of human health, especially with regard to children and adults who are active outdoors, and individuals with a pre-existing respiratory disease, such as asthma.
On April 30, 2004, pursuant to the Federal Clean Air Act (the Act, or CAA), 42 U.S.C. 7401
Furthermore, effective on May 27, 2008, EPA made further revisions to the ozone NAAQS setting the 8-hour standard at 0.075 ppm (73 FR 16436, March 27, 2008). Today's action does not address the requirements of the 2008 ozone NAAQS.
On October 5, 2006, EPA issued four new CTGs which states were required to address by October 5, 2007 (71 FR 58745). Then, on October 9, 2007, EPA issued three more CTGs which states were required to address by October 9, 2008 (72 FR 57215). Lastly, on October 7, 2008, EPA issued an additional four CTGs which states were required to address by October 7, 2009 (73 FR 58841). The State of New Hampshire submitted a SIP revision addressing all eleven CTGs on July 26, 2011.
New Hampshire's SIP revision consists of updates to VOC RACT requirements to address the eleven EPA CTGs issued in 2006 through 2008. New Hampshire adopted regulations for nine CTGs: Fiberglass boat manufacturing materials; flat wood paneling coatings; flexible package printing; industrial cleaning solvent; metal furniture coatings; miscellaneous industrial adhesives; miscellaneous metal and plastic parts coatings; offset lithographic printing and letterpress printing; and paper, film, and foil coatings. New Hampshire also submitted negative declarations for two CTGs: Automobile and light-duty truck assembly coatings; and large appliance coatings.
New Hampshire's Paper, Film, and Foil Coatings Rule, PART Env-A 1207, was previously approved by EPA on July 23, 2002 (67 FR 48033) and contained a general emissions limit of 0.35 kilograms of VOC per liter (kg VOC/l) of coating for facilities with actual emissions of 3 tons of VOC or more per year. The following are exempt: Application of a coating to vinyl or urethane coated fabric, or vinyl or urethane sheets; coating performed on or in-line with any offset lithographic, screen, letterpress, flexographic, rotogravure, or digital printing press; and size presses and on-machine coaters on papermaking machines that apply sizing, such as starch or water-base-clays. The revised regulation contains the same general emissions limit but now applies to a broader scope of activities consistent with EPA's CTG for Paper, Film, and Foil Coatings (EPA 453/R-07-003, September 2007). The regulation also includes additional requirements for facilities with a potential to emit 25 tons of VOC or more per year on or after January 1, 2016. These facilities must meet lower VOC coating limits or use pollution control equipment meeting 90% control efficiency. There are also updated work practices and recordkeeping requirements for all applicable facilities. New Hampshire's revised rule is consistent with the CTG and satisfies the anti-back sliding requirements in Section 110(l) of the CAA, since it applies to a broader scope of activities than the previously SIP-approved version of the rule.
The New Hampshire Metal Furniture Coatings Rule, PART Env-A 1209, was previously approved by EPA on July 23, 2002 (67 FR 48033) and contained just one general coating limit of 0.36 kg VOC/l. New Hampshire's revised rule includes eight coating categories each of which has limits for baked or air-dried coatings ranging from 0.275 kg to 0.420 kg VOC/l. These limits are consistent with the limits recommended in the EPA CTG for Metal Furniture Coatings (EPA-453/R-07-005, September 2007). While two specialty coating categories, pretreatment coatings and metallic coatings, have a higher limit (0.420 kg VOC/l (baked or air dried)) than the previous general coating limit, the new general use coating limit has been reduced from 0.36 kg to 0.275 kg VOC/l (baked or air dried). Since the general use coatings are applied more frequently than pretreatment and metallic coatings, fewer VOCs will be emitted in New Hampshire as a result of the new regulations. This approach is consistent with the EPA guidance memorandum entitled
New Hampshire's Miscellaneous Metal Parts and Plastic Parts Coatings Rule, PART Env-A 1212, was previously approved by EPA on July 23, 2002 (67 FR 48033). The revised rule contains updated work practices, coating application methods, and recordkeeping requirements for all applicable facilities. While the regulation lists multiple types of coating applications methods, other coating application methods capable of achieving a transfer efficiency equivalent to, or better than, that provided by high-volume low-pressure (HVLP) spray application may also be used. The EPA CTG for Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-003, September 2008) defines transfer efficiency as “the percent of coating applied to the metal furniture component or product.” Additional control options permit equivalent emissions limits expressed in terms of mass of VOC per volume of solids as applied or the use of add-on controls capable of achieving an overall VOC efficiency of 90 percent.
The new coating limits generally follow the recommendations in EPA's CTG for Miscellaneous Metal and Plastic Parts Coating, with the exception of three coating categories. New Hampshire adopted higher coating limits than the CTG for extreme high gloss topcoat, other substrate antifoulant coating, and antifouling sealer/tire. For these three categories, New Hampshire reviewed industry data and determined that for purpose of functionality, cost, and VOC emissions, the alternative limits adopted for these three coating categories constitute RACT. New Hampshire's approach is consistent with the EPA guidance memorandum entitled
New Hampshire's new PART Env-A 1214 Flat Wood Paneling is consistent with the recommendations for RACT found in EPA's CTG for Flat Wood Paneling Coatings (EPA-453/R-06-004, September 2006). This new regulation applies on or after January 1, 2016 to sources whose flat wood paneling coating operations have, before controls, combined actual emissions of 3 tons of VOC or more, during any consecutive 12-month period. Applicable sources are required to limit VOC emissions by one of the following methods: An add-on pollution control device with 90% efficiency; an emission limit of 350 grams of VOC per liter (g VOC/l) of solids; or an emission limit of 250 g VOC/l of material, excluding water and exempt compounds. The rule also requires record keeping and work practices for handling VOC-containing coatings, thinners, cleaning materials, and coatings-related waste materials.
New Hampshire's Rotogravure and Flexographic Printing Rule, PART Env-A 1215, was previously approved by EPA on July 23, 2002 (67 FR 48033). The revised rule is consistent with the recommendations for RACT found in EPA's CTG for Flexible Package Printing (EPA-453/R-06-003, September 2006). The revised rule adds compliance standards for any individual flexible-package printing press with a total potential to emit 25 tons of VOC or more per year on or after January 1, 2016, whereas the previous rule applied to only rotogravure and flexographic printing. Applicable flexible package printing sources are required to limit VOC emissions by one or more of the following techniques: Use of low-VOC content materials; averaging the VOC content of materials to meet low-VOC content standards; or operating add-on VOC pollution controls. The rule also requires record keeping and work practices for handling VOC-containing materials. Since New Hampshire's revised rule applies to more operations than the previously SIP-approved version, it satisfies the anti-back sliding requirements in Section 110(l) of the CAA.
New Hampshire's Offset Lithographic Printing and Letterpress Printing Rule, PART Env-A 1216, was previously approved by EPA on July 23, 2002 (67 FR 48033). The revised rule is consistent with the recommendations for RACT found in EPA's CTG for Offset Lithographic Printing and Letterpress Printing (EPA-453/R-06-002, September 2006). The applicability threshold of the rule was changed from 50 tons per year potential emissions to 3 tons per year actual emissions. The rule also now applies to letterpress printing operations, where it previously only applied to offset lithographic printing. All applicable facilities are required to maintain records and use work practices to reduce VOC emissions.
New Hampshire's new Fiberglass Boat Manufacturing Rule, PART Env-A 1219, is consistent with the recommendations for RACT found in EPA's CTG for Fiberglass Boat Manufacturing Materials (EPA-453/R-08-004, September 2008). This new regulation applies to fiberglass boat manufacturing operations that on or after January 1, 2016 have, before controls, combined actual emissions of 3 tons of VOC or more, during any consecutive 12-month period, from the use of gel coats, resins, and materials used to clean application equipment. Applicable sources are required to limit VOC emissions by one of the following prescribed techniques: Use of low-VOC content materials; averaging the VOC content of materials to meet low-VOC content standards; use of a facility-specific VOC mass emission limit; or the operation of VOC pollution control devices. The new regulation also specifies work practices to reduce VOC emissions during the application, storage, mixing, and conveyance of coatings, resins, and cleaning materials.
New Hampshire's new Miscellaneous Industrial Adhesives, PART Env-A 1220, is consistent with the recommendations for RACT found in EPA's CTG for Miscellaneous Industrial Adhesives (EPA-453/R-08-005, September 2008). The new regulation applies to miscellaneous industrial adhesive and adhesive primer application processes, including related cleaning activities with combined actual emissions of 3 tons of VOC or more, during any consecutive 12-month period on or after January 1, 2016. The use of industrial adhesives by sources regulated by another CTG category is exempt from the regulation. Applicable sources are required to limit their VOC emissions by using a combination of low-VOC adhesives, specified application methods, and add-on control equipment, or an overall control efficiency of 85%. The new regulation also specifies application methods, as well as work practices for waste and cleaning materials, to further limit VOC emissions from industrial adhesive activities.
New Hampshire's Industrial Cleaning Solvents Rule, PART Env-A 1221, is consistent with the recommendations for RACT found in EPA's CTG for Industrial Cleaning Solvents (EPA-453/R-06-001, September 2006). Previously, this rule only applied to cold cleaning, vapor degreasing, and conveyorized degreasing operations. New provisions were added to address the Industrial Cleaning Solvents CTG. These new provisions apply to sources that use organic solvents in their cleaning activities with actual emissions, before controls, of 3 tons or more during any consecutive 12-month period on or after January 1, 2016. The use of industrial cleaning solvents for certain specialty applications and sources regulated by another CTG category are exempt from the regulation. Applicable sources are required to limit VOC emissions by using cleaning solvents that contain no more than 50 g VOC/l or have a composite vapor pressure of 8.0 millimeters of mercury (mm Hg) at 20 degrees Celsius (with the exception of cold cleaning operations for which the rule prohibits the use of solvents having a vapor pressure of 1.0 mm Hg or greater at 20 degrees Celsius), or by using add-on control equipment. The work practices in the regulation minimize VOC emissions during the use, handling, storage, and disposal of cleaning solvents.
New Hampshire's SIP revision also includes numerous minor revisions such as chapter renumbering, updated citations, and references to the newly adopted regulations. These updates include PARTS Env-A 1201 through 1206, 1208, 1210, 1211, 1213, 1217, 1218, and 1222. Throughout Chapter Env-A 1200, the term “2011 effective
New Hampshire's SIP revision also includes negative declarations for two CTGs: Automobile and Light-Duty Truck Assembly Coatings (EPA-453/R-08-006, September 2008); and Large Appliance Coatings (EPA-453/R-07-004, September 2007). NH DES based these negative declarations on periodic field inspections, information from their air permitting program, and a search by Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) code of databases maintained both by the NH DES and by the New Hampshire Manufacturers' Association. A survey was also made of facilities with reported SIC or NAICS codes indicating that they might conduct Large Appliance Coating operations. Upon questioning, it was determined that none of the facilities was subject to the CTG.
In summary, as noted above, EPA has reviewed New Hampshire's new and revised VOC regulations and found that they are consistent with the relevant CTGs. In addition, New Hampshire's process for determining the categories for which the state should make negative declarations was reasonable. Therefore, EPA concludes that New Hampshire has met the CAA requirement to adopt RACT for all the 2006, 2007, and 2008 CTGs.
EPA is approving and incorporating into the SIP, New Hampshire's Chapter Env-A 1200, Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT), specifically, PART Env-A 1201 through PART Env-A 1222, as meeting RACT for the following CTG categories: Fiberglass boat manufacturing materials; flat wood paneling coatings; flexible package printing; industrial cleaning solvents; metal furniture coatings; miscellaneous industrial adhesives; miscellaneous metal parts and plastic parts coatings; offset lithographic printing and letterpress printing; and paper, film, and foil coatings. EPA is also approving New Hampshire's negative declarations for two categories: Automobile and light-duty truck assembly coatings; and large appliance coatings. New Hampshire has, therefore, met the CAA requirement to adopt RACT for all of the 2006, 2007, and 2008 CTGs.
The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this
If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on January 7, 2013 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.
Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 7, 2013. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:
42 U.S.C. 7401
The revised and added text reads as follows: